CSA emptied my bank account

MIKEtheBIKE_2

I'm adamant this is wrong and I can do something about it - just not sure what. Any ideas?

A year ago I was shocked one morning to find my bank account dad been completely emptied of around £750 - basically my fortnightly wage had all gone before I'd had a chance to pay my bills.

I went along to the bank - Barclays - thinking someone had scammed me somehow and even they were puzzled. The bank guy dug deeper and found the culprits had left a phone number to call. The number turned out to be Barlays staff higher up the line.
Basically the bank had taken instruction from CSA to give them everything but keep £55 for themselves as a bank charge for assisting in this dirty deed.

So, at this point I now have a bank I cant trust with my money, CSA I can't trust - we know that anyway - no money for 2 more weeks, can't buy food, can't buy fuel to get to work or pay household bills. Totally wiped out.

I found out from Barclays that my local court had something to do with the situation, so hot-footed it along to see what their angle was.

The court have to carry out the procedure on instruction from the CSA. It is a one hit operation. My bank account was studied and then hit at an appropriate moment.

I was told that I would have to fill out a Hardship form and the court lady would present it to the judge pronto and i would quickly be able to get my money back to pay my bills.

She came back from the judge with the news that I would have to attend a hearing in 4 weeks time - and no money.

Forward 4 weeks - I find myself at the court with a rep from the CSA. The 2 of us are sat in the chamber with the Judge. He's asking my side of the story, then hers. And she explains to the Judge that I've just finished paying off some HP finance, and my car insurance payments look too high - the only way they could get this info is by studying my bank account - and the Judge says 'I'm awarding this money to the CSA' And he told me that my hardship plea was basically worthless because a month had gone by and I was 'still alive' so obviously didn't need the money despite my pleas that I'd had to borrow money from friends and family to get by.

There must be something I can do about this.

Oh, and the amount the CSA had a Liability order on me for was proven to be wrong my more than £11,000.

robpw2

how has it taken you a year to decide that there is something wrong ?

AnxiousMum

So, your bank account was emptied a year ago......and you are posting for advice today on what you can do about it? If the amount outstanding has been proven wrong.....have you had it corrected at all in the last year, or whenever the liability order was produced? You can trust your bank - they were following a court order.
I doubt that the court clerk said she 'would have someone look at it pronto so you could get money to pay your bills', the clerks don't usually give any outcome - as they don't know it until the case has been heard by the judge who is the only one who can make that decision.
I wonder if your child/ren and the pwc have ever had to borrow money from friends/family to get by when not receiving the child support?

markeymark

how much is te LO for?
are you paying regular maintenance now?
you need to give a full version of events so we can get the bigger picture, judging by the post people might be thinking well you havent bothered paying you responsibilities, hope this isnt the case and CSA have mucked things up

MIKEtheBIKE_2

It's taken a year to get the Csa to do nine missing Assessments. I can now prove the figures they used for my liability order were wrong by £11000. And I'm still protesting the rest.
My points are:
1.can anyone at all be allowed to take ALL of a persons money leaving him nothing at all to even feed himself?
2.should a judge be able to assume that I can afford to give away all of my money because I have managed by other peoples help to struggle by without it?
3.should a person be able to have his money taken from him based on a liability order that was protested against and has subsequently been proven and agreed by both parties to be wrong?
4.the actions of the Csa in their collection of areas totally contradicts the Office of Fair Tradings guidelines for fairness in collecting debts

Loopy_Girl

When I worked in a Sheriff Officers many years ago we used to to bank arrestments (which is essentially what that was) and the accounts were cleared. We had many an irate customer at the desk as they had no money for bills, mortgage or food.

The arrestments were purposefully done at specific times of the month to get the optimum amount of monies in the account and particulalry if we knew where the debtor worked then we used to find out the pay day and do them then.

So I wouldn't think that it was illegal although this was Scottish law.

I personally don't think any 'scamming' was done and that the bank carried out and instruction as per granted by the courts. They are allowed to charge a fee for initiating the arrestment.

For an arrestment to be carried out, your case would have been at Enforcement and youwould have been advised that this was a potential course of action to recover the debt.

bubblegum26

As I understand it for the CSA to get a liability order to take money from a bank account or as a detatchment from earnings no maintanance payments would of been made for many many years as if small payments are being made the courts tend to be more lenient.

If you havent been paying maintenance then the other parent has probably had to struggle for many years, so I guess they are not going to worry that you had no money for 2 weeks, they will say you had the money but chose not to pay it.

For them to take a large payment like that you must owe quite a sum in maintanance and you must have been taken to court more than once and on each occasion you could have brought up that you feel the case has been wrongly assessed and no further action could have been taken until they had done a full reassessment, I know this as my ex has evaded paying anything for 12 years and now everytime the case goes to court he says wrong assessment and everything gets put on hold for another 6 months..... only this time the judge got fed up and has told him once assessed if he doesn't pay it'l be jail for him.

C_Mababejive

If this story of corporate larceny is true then i do have a grain of sympathy but then, on the other hand,if its a choice between emptying my account to pay for your kids and emptying yours,it will be yours every time.

MIKEtheBIKE_2

Interesting responses and I detect underlying assumptions that I am not a responsible father and deserve what I get.
Not so. I paid my way directly to my sons mother even on the occasions when I have been assessed at nil. She's
Never complained to Csa because she's always had
A very good deal from me.
And I only had the one liability court case.

I really want to know if the court or the judge or Csa have acted illegally.
And are the Csa bound by any bodies such as the office of fair trading in their debt collecting activities?

C_Mababejive

Mike...apologies if my last post seemed flippant...have a look here as this could assist...

It is amazing how many people CAN dip your bank account


https://forums.moneysavingexpert.com/discussion/1867017

Loopy_Girl

MIKEtheBIKE wrote: »

I really want to know if the court or the judge or Csa have acted illegally.
And are the Csa bound by any bodies such as the office of fair trading in their debt collecting activities?

The answer to both questions would be no.